[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 115th Congress]
[115th Congress]
[House Document 114-192]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 286-300]
[From the U.S. Government Publishing Office, www.gpo.gov]
sec. xlvi--conferences
[[Page 287]]
ference, however, must always be by the House which is possessed of the
papers. 3 Hats., 31; 1 Grey, 425.

Sec. 530. Parliamentary law as to asking
conferences.

It is on the occasion of amendments between the Houses that
conferences are usually asked; but they may be asked in all cases of
difference of opinion between the two Houses on matters depending
between them. The request of a con

The House follows the principles set forth in this paragraph of the
parliamentary law. A conference may be asked on only a portion of the
amendments in disagreement, leaving the differences as to the remainder
to be settled by the action of the two Houses themselves (V, 6401). In
very rare instances conferences have been asked by one House after the
other has absolutely rejected a main proposition (IV, 3442; V, 6258). A
difference over an amendment to a proposed constitutional amendment may
be committed to a conference (V, 7037).

Sec. 531. Conferences over matters other
than differences as to amendments.

Although conferences between the two Houses of Congress
are usually held over differences as to amendments to bills,
occasionally differences arise as to the respective prerogatives of the
Houses (II, 1485-1495) or as to matters of procedures (V, 6401), as in
impeachment proceedings (III, 2304), which are referred to conference.
In early and exceptional instances conferences have been asked as to
legislative matters when no propositions relating thereto were pending
(V, 6255-6257).

Sec. 532. Conferences by means of select
committees.

In very rare cases, also, the Houses interchange views and come to
conclusions by means of select committees appointed on the part of each
House (I, 3). Thus, in 1821, a joint committee was chosen to consider
and report to the two Houses whether or not it was expedient to provide
for the admission of Missouri into the Union (IV, 4471), and in 1877
similar committees were appointed to devise a method for counting the
electoral vote (III, 1953).

[[Page 288]]

Sec. 533. Requests for conferences.

The parliamentary law
provides that the request for a conference must always be by the House
that is in possession of the papers (V, 8254). It was formerly the more
regular practice for the House disagreeing to amendments of the other to
leave the asking of a conference to that other House if it should decide
to insist (V, 6278-6285, 6324); but it is so usual in the later practice
for the House disagreeing to an amendment of the other to ask a
conference that an omission to do so has even raised a question (V,
6273). Yet it cannot be said that the practice requires a request for a
conference to be made by the House disagreeing to the amendments of the
other (V, 6274-6277). One House having asked a conference at one
session, the other House may agree to the conference at the next session
of the same Congress (V, 6286).

Sec. 534. Requests for conferences declined or
neglected.

In rare instances one House has declined the request of the other
for a conference (V, 6313-6315; Mar. 20, 1951, p. 2683; Oct. 1, 2013, p.
_; Mar. 3, 2015, p. _), sometimes accompanying it by adherence (V, 6313,
6315). In one instance, in which the Senate declined a conference, it
transmitted, by message, its reasons for so doing (V, 6313). Sometimes,
also, one House disregards the request of the other for a conference and
recedes from its disagreement, thereby rendering a conference
unnecessary (V, 6316-6318). And in one case, in which one House has
asked a conference to which the other has assented, the asking House
receded before the conference took place (V, 6319). Also, a bill
returned to the House with a request for a conference has been postponed
indefinitely (V, 6199).

Sec. 535. Motions to request conferences.

After the stage of
disagreement has been reached, a motion to ask a conference is
considered as distinct from motions to agree or disagree to amendments
of the other House (V, 6268) and the motions to agree, recede, or insist
are considered as preferential (V, 6269, 6270). Where a motion to
request a conference at this stage has been rejected, its repetition at
the same stage of the proceedings, no other motion to dispose of the
matter in disagreement having been considered, has not been permitted
(V, 6325). Where a conference results in disagreement, a motion to
request a new conference is privileged (V, 6586). Sometimes
disagreements are voted on by the House and conferences asked through
the medium of special orders of business (IV, 3242-3249).

Before the stage of disagreement, any motion with respect to
amendments between the two Houses is without privilege, except for
motions with respect to the limited number of amendments that qualify
under clause 2 of rule XXII or motions under clause 1 of rule XXII, to
disagree to Senate amendments (or insist on House amendments) and to
request or agree to an initial conference if the motion is authorized by
the primary committee and all reporting committees of initial referral
and if the Speaker chooses to recognize for that purpose. Under clause
2(a)(3) of rule XI, a committee may adopt a rule providing that the
chair be directed to offer a motion under clause 1 of rule XXII. A
motion under the latter clause may be repeated, if again authorized by
the relevant committees, and if the Speaker again agrees to recognize
for that purpose, even though the House has once rejected a motion to
send the same matter to conference (Speaker Albert, Oct. 3, 1972, p.
33502).
[[Page 289]]
to serve on a given bill (V, 6336; VIII, 2193) but must appoint (1) a
majority of Members who generally support the House position, as
determined by the Speaker; (2) Members who are primarily responsible for
the legislation; and (3) to the fullest extent feasible the principal
proponents of the major provisions of the bill as it passed the House
(clause 11 of rule I). Although the practice used to be to appoint three
managers from each house (V, 6336), in the absence of joint rules each
House may appoint whatever number it sees fit (V, 6328-6330). The two
Houses have frequently appointed a disparate number of managers (V,
6331-6333; VIII, 3221); and where the Senate appointed nine and the
House but three, a motion to instruct the Speaker to appoint a greater
number of managers on the part of the House was held out of order (VII,
2193). In appointing managers the Speaker usually consults the Member in
charge of the bill (V, 6336); and where an amendment in disagreement
falls within the jurisdiction of two committees of the House, the
Speaker has named Members from both committees and specified the
respective areas on which they were to confer (Speaker Albert, Nov. 30,
1971, p. 43422). In appointing conferees on the general appropriation
bill for fiscal year 1951, Speaker Rayburn appointed a set of managers
for each chapter of the bill and four Members to sit on all chapters
(Aug. 7, 1950, p. 11894). Although the appointment of conferees, both as
to their number and composition, is within the discretion of the Chair
(Speaker Garner, June 24, 1932, p. 13876; Speaker Martin, July 8, 1947,
p. 8469), and although a point of order will not lie against the
exercise of this discretion (VIII, 2193, 3221), the Speaker normally
takes into consideration the attitude of the majority and minority of
the House on the disagreements in issue (V, 6336-6338; VIII, 3223), the
varying views of the Members of the House (V, 6339, 6340), and does not
necessarily confine the appointments to members of the committee in
charge of the bill (V, 6370). In one case, in which the prerogatives of
the House were involved, all of the managers were appointed to represent
the majority opinion (V, 6338). See also Sec. 637, infra.

Sec. 536. Managers of conferences.

Although usual, it is not
essential that one House, in asking a conference, transmit the names of
its managers at the same time, and the Senate has moved to agree to a
conference asked by the House before the appointment of House managers
(V, 6405; Feb. 27, 2015, p. _). The managers, properly so called (V,
6335), constitute practically two distinct committees, each of which
acts by a majority (V, 6334). The Speaker appoints the managers on the
part of the House (clause 11 of rule I) and has discretion as to the
number

Sec. 537. Reappointment of, at second and
subsequent conferences.

Where there were several conferences on a bill, it was the
early practice to change the managers at each conference (V, 6288-6291,
6324), and so fixed was this practice that their reappointment had a
special significance, indicating an unyielding temper (V, 6352-6368);
but in the later practice it is the rule to reappoint managers (V, 6341-
6344) unless a change be necessary to enable the sentiment of the House
to be represented (V, 6369).

[[Page 290]]
the powers of managers who have not reported do not expire at the
termination of a session, unless it be the last session (V, 6260-6262).

Sec. 538. Vacancies, etc., in managers of
conferences.

Managers of a conference are excused from service either by authority
of the House (V, 6373-6376; VIII, 3224, 3227) or, since the 103d
Congress, by removal by the Speaker (clause 11 of rule I). The absence
of a manager may cause a vacancy, which the Speaker fills by appointment
(V, 6372; VIII, 3228). If one House makes a change in its managers, it
informs the other House, by message (V, 6377, 6378). According to the
later practice

Sec. 539. Parliamentary law as to free and simple
conferences.

Conferences may be either simple or free. At a conference simply,
written reasons are prepared by the House asking it, and they are read
and delivered, without debate, to the managers of the other House at the
conference, but are not then to be answered. 4 Grey, 144. The other
House then, if satisfied, vote the reasons satisfactory, or say nothing;
if not satisfied they resolve then not satisfactory and ask a conference
on the subject of the last conference, where they read and deliver, in
like manner, written answer to those reasons. 3 Grey, 183. They are
meant chiefly to record the justification of each House to the nation at
large and to posterity and in proof that the miscarriage of a necessary
measure is not imputable to them. 3 Grey, 255. At free conferences the
managers discuss, viva voce and freely, and interchange propositions for
such modifications as may be made in a parliamentary way, and may bring
the sense of the two Houses together. * * *

[[Page 291]]
But it is very rare for the House in asking a conference to specify
whether it shall be free or simple.

Sec. 540. Free and simple conferences in modern
practice.

This provision of the parliamentary law bears little relation to the modern
practice of the two Houses of Congress, and that practice has evolved a
new definition: ``A free conference is that which leaves the committee
of conference entirely free to pass upon any subject where the two
branches have disagreed in their votes, not, however, including any
action upon any subject where there has been a concurrent vote of both
branches. A simple conference--perhaps it should more properly be termed
a strict or a specific conference, though the parliamentary term is
`simple'--is that which confines the committee of conference to the
specific instructions of the body appointing it'' (V, 6403). And where
the House had asked a free conference it was held not in order to
instruct the managers (V, 6384).

Sec. 541. Instruction of managers of a
conference.

In their practices as to the instruction of managers of a conference, the
House and the Senate do not agree. Only in rare instances has the Senate
instructed (V, 6398), and these instances are at variance with its
declaration, made after full consideration, that managers may not be
instructed (V, 6397). And where the House has instructed its managers,
the Senate sometimes has declined to participate and asked a free
conference (V, 6402-6404). In the later practice the House does not
inform the Senate when it instructs its managers (V, 6399), the Senate
having objected to the transmittal of instructions by message (V, 6400,
6401). In one instance in which the Senate learned indirectly that the
House had instructed its managers, it declared that the conference
should be full and free, and instructed its own managers to withdraw if
they should find the freedom of the conference impaired (V, 6406). But
the House holds to the opinion that the House may instruct its managers
(V, 6379-6382), although the propriety of doing so at a first conference
has been questioned (V, 6388, footnote). And in rare instances in which
a free conference is asked instruction is not in order (V, 6384). At a
new conference the instructions of a former conference are not in force
(V, 6383; VIII, 3240). And instructions may not direct the managers to
do that which they might not otherwise do (V, 6386, 6387; VIII, 3235,
3244), as to effect a change in part of a bill not in disagreement (V,
6391-6394) or change the text to which both Houses have agreed (V,
6388). Although managers may disregard instructions, their report may
not for that reason be ruled out of order (V, 6395; VIII, 3246; June 8,
1972, p. 20282), and when a conference report is recommitted with
instructions the managers are not confined to the instructions alone
(VIII, 3247).

[[Page 292]]
ruling out of such a motion does not preclude the offering of a proper
motion (VIII, 3235; Dec. 7, 2005, p. 27706); but one motion having been
considered and disposed of, further motions are not in order (VIII,
3236). The restriction on further motions does not apply to a motion to
instruct under clause 7(c) of rule XXII (Aug. 22, 1935, pp. 14162-64).
The motion to instruct managers should be offered after the vote to
ask for or agree to a conference and before the managers are appointed
(V, 6379-6382; VIII, 3233, 3240, 3256). The motion to instruct may be
amended unless the previous question is ordered (V, 6525; VIII, 3231,
3240); thus a motion to instruct House conferees to agree to a numbered
Senate amendment with an amendment may be amended, upon rejection of the
previous question, to instruct the conferees to agree to the Senate
amendment (June 9, 1982, pp. 13027, 13028, 13039, 13049). A Member may
not be recognized for a unanimous-consent request to modify a pending
motion to instruct unless yielded to for that purpose by the proponent
(Mar. 29, 2006, p. 4377). The motion to instruct may be laid on the
table without carrying the bill to the table (VIII, 2658). The motion is
debatable (see clause 7(b) of rule XXII) unless the previous question is
ordered (VIII, 2675, 3240), which the proponent may not move until those
allotted time under clause 7(b) have yielded back (Oct. 3, 1989, p.
22842). After a motion to ask or agree to a conference is agreed to,
only one valid motion to instruct is in order (VIII, 3236; Speaker
Wright, Feb. 17, 1988, p. 1583); and the
A member of the minority is first entitled to recognition for a motion
to instruct conferees (Speaker Bankhead, Oct. 31, 1939, pp. 1103-05;
Speaker Albert, Oct. 19, 1971, pp. 36832-35), and if two minority
members of the reporting committee seek recognition to offer a motion to
instruct conferees before their appointment, the Chair will recognize
the senior minority member of the committee (Oct. 10, 1986, p. 30181;
Speaker Wright, Feb. 17, 1988, p. 1583).

Sec. 542. Parliamentary law as to reports of
managers of a conference.

* * * And each party report in writing to their respective
Houses the substance of what is said on both sides, and it is entered in
their journals. 9 Grey, 220; 3 Hats; 280. This report can not be amended
or altered, as that of a committee may be. Journal Senate, May 24, 1796.

[[Page 293]]
the other report first (V, 6323, 6426, 6499, 6500, 6504). Under certain
circumstances managers may report an entirely new bill on a subject in
disagreement, but this bill is acted on as part of the report (V, 6465-
6467; see also clause 9 of rule XXII). A quorum among the managers on
the part of the House at a committee of conference is established by
their signatures on the conference report and joint explanatory
statement (Oct. 4, 1994, p. 27662).

Sec. 543. Forms of conference reports.

In the two Houses of
Congress conference reports were originally merely suggestions for
action and were neither identical in the two Houses nor acted on as a
whole (V, 6468-6471). In the House clause 7(a) of rule XXII provides
that conference reports may be received at any time, except when the
Journal is being read, while the roll is being called, or the House is
dividing. They are privileged on or after the third calendar day
(excluding Saturdays, Sundays, or legal holidays) after they have been
filed and printed in the Record, together with the accompanying
statement (clause 8 of rule XXII). The early reports were not signed by
the managers (IV, 3905); but in the later practice the signatures of the
majority of the managers of each House is required (V, 6497-6502; VIII,
3295). Sometimes a manager indorses the report with a conditional
approval or dissent (V, 6489-6496, 6538; Nov. 18, 1991, p. 32575).
Traditionally, however, signatures with conditions are not counted
toward a majority (cf. VIII, 3302) and in the modern practice are not
printed in the report. Supplemental reports or minority views may not be
filed in connection with conference reports (VIII, 3302). The name of an
absent manager may not be affixed, but the two Houses by concurrent
action may authorize the manager to sign the report after it has been
acted on (V, 6488). The minority portion of the managers of a conference
have no authority to make either a written or verbal report concerning
the conference (V, 6406). In the later practice reports of managers are
identical, and made in duplicate for the two Houses, the House managers
signing first the report for their House and the Senate managers signing

Sec. 544. Partial conference reports.

Managers may report an
agreement as to a portion of the numbered amendments in disagreement,
leaving the remainder to be disposed of by subsequent action (V, 6460-
6464). Where a Senate amendment to the title of a House bill was in
conference, but inadvertently omitted from the conference report, the
House adopted the report, and, by unanimous consent, insisted on its
disagreement to the putatively reported amendment and agreed to a
concurrent resolution that deemed the conference report to have
``resolved all disagreements'' (Oct. 10, 2002, p. 20333).

Sec. 545. Reports of inability to agree.

Where managers of a
conference are unable to agree, or where a report is disagreed to in
either House, another conference is usually asked (V, 6288-6291). When
managers report that they have been unable to agree, the report is not
acted on by the House (V, 6562; VIII, 3329; Aug. 23, 1957, p. 15816).
Although under the earlier practice, when conferees reported in complete
disagreement, the amendments in disagreement were considered available
for immediate disposition (VIII, 3299, 3332), the current practice (as a
result of the amendment to clause 8(a) of rule XXII that became
effective in the 93d Congress) is to require the matter to lay over
until the third calendar day (excluding Saturdays, Sundays, or legal
holidays) after the report in disagreement is filed and printed in the
Record. In the earlier practice reports of inability to agree were made
verbally or by unsigned written reports (V, 6563-6567); but in later
practice they are written, in identical form, and signed by the managers
of the two Houses (V, 6568, 6569).

[[Page 294]]
and may exercise a broad discretion as to details (V, 6424; VIII, 3266),
and may even report an entirely new bill on the subject (V, 6421, 6423;
VIII, 3248, 3263, 3265, 3276; Sec. 1088, infra). If the amendment in
disagreement proposes a substitute differing greatly from the House
provision they may eliminate the entire subject matter (Speaker Gillett,
Sept. 14, 1922, p. 12598).

Sec. 546. Managers restricted to the
disagreements of the two Houses.

The managers of a conference must confine
themselves to the differences committed to them (V, 6417, 6418; VIII,
3252, 3255, 3282), and may not include subjects not within the
disagreements (V, 6407, 6408; VIII, 3253-3255, 3260, 3282, 3284), even
though germane to a question in issue (V, 6419; VIII, 3256; Speaker
Albert, Dec. 20, 1974, p. 41849). But they may perfect amendments
committed to them if they do not in so doing go beyond the differences
(V, 6409, 6413). Thus, where an amendment providing an appropriation to
construct a road had been disagreed to, it was held in order to report a
provision to provide for a survey for the road (V, 6425). Managers may
not change the text to which both Houses have agreed (V, 6417, 6418,
6420, 6433-6436). But if the amendment in issue strikes all of the bill
after the enacting clause and substitutes a new text, the managers have
the whole subject before them

Sec. 547. Remedy where managers exceed their
authority.

In the House the Speaker may rule out a conference report if it be
shown that the managers have exceeded their authority (V, 6409-6416;
VIII, 3256; Oct. 4, 1962, p. 22332; Nov. 14, 2002, pp. 22408, 22409). In
the House points of order against reports are made or reserved after the
report is read and before the reading of the statement (V, 6424, 6441;
VIII, 3282, 3284, 3285, 3287), or consideration begins (V, 6903-6905;
VIII, 3286), and comes too late after the report has been agreed to (V,
6442); and in case the statement is read in lieu of the report the point
of order must be made or reserved before the statement is read (VIII,
3256, 3265, 3285, 3288, 3289). Where clause 8(c) of rule XXII applies,
points of order must be made before debate begins on the report (Nov.
14, 2002, p. 22408).

A conference report held to violate clause 9 of rule XXII was
vitiated, after which a privileged motion to recede and concur in a
Senate amendment with an amendment incorporating by reference the text
of an introduced House bill was offered (Nov. 14, 2002, p. 22409).
Under the former practice of the Senate, the Chair did not rule out
conference reports, but the Senate itself expressed its opinion on the
vote to agree to the report (V, 6426-6432). However, on March 8, 1918,
the Senate adopted a ``scope'' rule providing for a point of order
against conferees inserting matter not committed to them or changing the
text agreed to by both Houses. This rule of the Senate was strictly
construed (VIII, 3273, 3275) until the 104th Congress when the Senate
overturned on appeal a ruling of its presiding officer that the
inclusion of a special labor-law provision in a conference report
exceeded the scope of conference (Oct. 3, 1996, pp. 27147-51). The Chair
interpreted that action as tantamount to a change in the Senate rules
until the 107th Congress. Public Law 106-553 provided that at the
beginning of the 107th Congress the Presiding Officer of the Senate
would apply precedents under Senate rule XXVIII as in effect at the end
of the 103d Congress. Public Law 110-81 amended it to provide a new
procedure (see, e.g., Nov. 7, 2007, pp. 30270, 30271, 30282).
[[Page 295]]
rule now provides for a point of order in the House against the report
and for an automatic request for a new conference if the House managers
fail to meet in open session following appointment of the Senate
conferees (Dec. 20, 1982, p. 32896). For a discussion of open conference
meetings, see Sec. 1093, infra. Rarely, also, papers in the nature of
petitions have been referred to managers (V, 6263). The managers of the
two Houses vote separately (V, 6336). Clause 12(a)(3) of rule XXII
provides additional statements on the meetings, discussions, and
signatures of House managers. Clause 13 of rule XXII provides a point of
order against consideration of a conference report that differs in a
non-clerical manner from the version placed before the House managers
for signature.

Sec. 548. Meeting and action of managers.

The managers of a
conference may not report before the other House is notified of their
appointment and a meeting is held (V, 6458). Conferences are generally
held in the Capitol, and formerly with closed doors, although in rare
instances Members and others were admitted to make arguments (V, 6254,
footnote, 6263). Clause 12 of rule XXII now provides for at least one
open conference meeting except if the House determines by the yeas and
nays that all or part of the meeting may be closed to the public. The
same

Sec. 549. Action on a conference report in the
two Houses.

The report of the managers of a conference goes first to one House and
then to the other, neither House acting until it is in possession of the
papers, which means the original bill and amendments, as well as the
report (V, 6322, 6518-6522, 6586; VIII, 3301). The report must be acted
on as a whole, being agreed to or disagreed to as an entirety (V, 6472-
6480, 6530-6533; VIII, 3304, 3305; Speaker Bankhead, Aug. 22, 1940, p.
10763; Speaker Albert, Nov. 10, 1971, p. 40481); and until the report
has been acted on no motion to deal with the individual amendments is in
order (V, 6323, 6389, 6390; Speaker Rayburn, Mar. 16, 1942, pp. 2502-
04). Under a special order of business recommended by the Committee on
Rules, the House has considered a single, indivisible motion to adopt
not only a conference report but also sundry motions to dispose of
amendments reported from conference in disagreement (June 18, 1992, p.
15453). Although ordinarily reports are agreed to by majority vote, a
two-thirds vote is required on a report relating to a constitutional
amendment (V, 7036). Conference reports must be acted on in both Houses
and, in a case in which the Senate had adopted a report recommending
that it recede from its amendments to a House bill, the House rejected
the report and then agreed to the Senate amendments (Mar. 21, 1956, p.
5278). A conference report being made up but not acted on at the
expiration of a Congress, the bill is lost (V, 6309). One House has, by
message, reminded the other of its neglect to act on a conference
report; but this was an occasion of criticism (V, 6309).

[[Page 296]]
consideration in that committee (V, 6559-6561). It is in order on motion
to recommit a conference report if the other body, by action on the
report, have not discharged their managers (V, 6545-6553, 6609; VIII,
3310), and by concurrent resolution a report may be recommitted to
conference after each House has acted thereon (VIII, 3316), but such a
proposition would not be privileged in the House (V, 6554-6557; VIII,
3309).

Sec. 550. Motions in order during action on a
conference report.

When a conference report is presented, the question on
agreeing is regarded as pending (V, 6517; VIII, 3300), and as the
negative of it is equivalent to disagreement, the motion to disagree is
not admitted (II, 1473; V, 6517; VIII, 3300). The reading of the
amendments to which the report relates is not in order during its
consideration (V, 5298). The report may not be amended on motion made in
either House alone (V, 6534, 6535; VIII, 3306), but amendment is
sometimes made by concurrent action of the two Houses (V, 6536, 6537;
VIII, 3308). A motion to refer to a standing committee (V, 6558) or to
lay on the table is not entertained in the House (V, 6538-6544); and a
conference report may not be sent to Committee of the Whole on
suggestion that it contains matter ordinarily requiring

A bill being recommitted to the committee of conference, no further
action is taken by the House until it is again reported by the managers
(VIII, 3326, 3327), and when reported is subject to another motion to
recommit (VIII, 3325). Because instructions included in a motion to
recommit a conference report are not binding, adoption of such a motion
opens to further negotiation all issues committed to conference (Apr.
21, 1988, p. 8198). A motion to recommit a conference report may not
instruct House managers to exceed the scope of conference (Sec. 1088,
infra); and, under clause 7(d) of rule XXII, a motion to instruct may
not contain argument (Sec. 1079, infra).

Sec. 551. Effect of disagreement to a conference
report.

When either House disagrees to a conference report the matter is left in
the position it was in before the conference was asked (V, 6525), and
the amendments in disagreement come up for further action (II, 1473),
but do not return to the state they were in before disagreement, so that
they need not be considered in the Committee of the Whole (V, 6589).
Motions for disposition of Senate amendments, sending to conference and
instruction of conferees, are again in order (VIII, 3303). However, if a
conference report is considered as rejected pursuant to the provisions
of clause 10 of rule XXII because of the inclusion of nongermane matter,
the pending question is as specified in that clause and, depending on
the nature of the text in disagreement, may be to recede and concur with
an amendment, to insist on the House position, or to insist on
disagreement (see Sec. Sec. 1089, 1090, infra).

Sec. 552. Custody of papers when a conference is asked
before disagreement.

A conference may be asked, before the House asking
it has come to a resolution of disagreement, insisting or adhering. 3
Hats., 269, 341. In which case the papers are not left with the other
conferees, but are brought back to the foundation of the vote to be
given. And this is the most reasonable and respectful proceeding; for,
as was urged by the Lords on a particular occasion, ``it is held vain,
and below the wisdom of Parliament, to reason or argue against fixed
resolutions, and upon

In the Houses of Congress conferences are sometimes asked before a
disagreement, and while the rule as to retention of the papers
undoubtedly holds good, neglect to observe it has not been questioned
(V, 6585).

Sec. 553. Relations of adherence and conference
under the parliamentary law.

* * * So the Commons say, ``an adherence is never
delivered at a free conference, which implies debate.'' 10 Grey, 137.
And on another occasion the Lords made it an objection that the Commons
had asked a free conference after they had made resolutions of adhering.
It was then affirmed, however, on the part of the Commons that nothing
was more parliamentary than to proceed with free conferences after
adhering, 3 Hats., 269, and we do in fact see instances of conference,
or of free conference, asked after the resolution of disagreeing, 3
Hats., 251, 253, 260, 286, 291, 316, 349; of insisting, ib., 280, 290,
299, 319, 322, 355; of adhering, 269, 270, 283, 300; and even of a
second or final adherence. 3 Hats., 270. * * *

[[Page 298]]

Sec. 554. Relations of adherence and conference
under the practice of the two Houses of Congress.

The two Houses not observing the
parliamentary distinctions as to free and other conferences, their
practice in case of adherence is also different. Conferences are not
asked after an adherence by both Houses, but have often been asked and
granted where only one House has adhered (V, 6241-6244). A vote to
adhere may not be accompanied by a request for a conference (V, 6303;
VIII, 3208), because the House that votes to adhere does not ask a
conference (V, 6304-6308). The request for a conference in such a case
is properly accompanied by a motion to insist (V, 6308). And the House
that has adhered may insist on its adherence when it agrees to the
conference (V, 6251). But it is not considered necessary either to
recede or insist before agreeing to the conference (V, 6242, 6244, 6310,
6311).

Sec. 555. Custody of the papers after an
effective conference.

* * * And in all cases of conference asked after a vote of
disagreement, &c., the conferees of the House asking it are to leave the
papers with the conferees of the other; and in one case where they
refused to receive them they were left on the table in the conference
chamber. Ib., 271, 317, 323, 354; 10 Grey, 146.

This principle of the parliamentary law is recognized in both Houses,
and is customarily followed in cases wherein the managers of the
conference come to an agreement on which a report may be based (July 31,
1981, p. 18884). If conferees of House agreeing to conference surrender
papers to House asking conference, the report can be received first by
House asking the conference (VIII, 3330). In the 101st Congress, where a
report following a successful conference was filed in both Houses, an
objection to a unanimous-consent request in the Senate prevented the
release of papers held at the Senate desk to the House, where the Senate
in the normal course of events was scheduled to act first on the report
(June 28, 1990, p. 16249).

Sec. 556. Custody of papers when managers of a
conference fail to agree.

Where a conference breaks up without reaching any
agreement the managers for the House that requested the conference, who
have the papers by right, are justified in retaining them and carrying
them back to the House (IV, 3905, footnote; V, 6246, 6254, 6571-6584;
VIII, 3332). And in one case wherein under such circumstances the papers
were taken back to the Senate, which was the body agreeing to the
conference, the Senate after consideration sent them to the House,
because it seemed proper for the asking House to take the first action
(V, 6573). But sometimes managers have brought the papers to the
agreeing House without question (V, 6239, footnote; July 14, 1988, p.
18411).

Sec. 557. Free or instructed conferences.

After a free
conference the usage is to proceed with free conferences and not to
return again to a conference. 3 Hats., 270; 9 Grey, 229.

After a conference denied a free conference may be asked. 1 Grey, 45.
[[Page 299]]
The House instructs its managers whenever it sees fit, without regard
to whether or not the preceding conference has been free or instructed.

Sec. 558. Parliamentary law as to purposes for which
conferences may be held.

When a conference is asked, the subject of it must
be expressed or the conference not agreed to. Ord. H. Com., 89; 1 Grey,
425; 7 Grey, 31. They are sometimes asked to inquire concerning an
offense or default of a member of the other House. 6 Grey, 181; 1
Chand., 304. Or the failure of the other House to present to the King a
bill passed by both Houses. 8 Grey, 302. Or on information received and
relating to the safety of the nation. 10 Grey, 171. Or when the methods
of Parliament are thought by the one House to have been departed from by
the other a conference is asked to come to a right understanding
thereon. 10 Grey, 148. So when an unparliamentary message has been sent,
instead of answering it they ask a conference. 3 Grey, 155. Formerly an
address or articles of impeachment or a bill, with amendments, or a vote
of the House, or concurrence in a vote, or a message from the King were
sometimes communicated by way of conference. 6 Grey, 128, 300, 387; 7
Grey, 80; 8 Grey, 210, 255; 1 Torbuck's Deb., 278; 10 Grey, 293; 1
Chandler, 49, 287. But this is not the modern practice. 8 Grey, 255.

Sec. 559. Obsolete provision as to conference on first
reading.

A conference has been asked after the first reading of a
bill. 1 Grey, 194. This is a singular instance.